Resource Author Francisco Rodriguez Higueras
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There is a lot of time and effort that goes into creating a logo that accurately represents your band. As such, it's important to take the proper steps to protect your art so you have some recourse if infringement occurs.

For the most part, band logos can be considered an original and creative form of art – assuming the logo is more than just the name of the band without an artistic element. As such, they can be protected under Copyright Law as a Visual/Artistic work.

Just to ensure this is clear, the artwork for the logo can be protected under copyright law, but not the name of the band itself. This is because copyright law does not protect names, slogans, or catch-phrases. If you were looking to protect against other bands using your actual name vs. the artwork, this would fall under Trade-Mark Law.

The previous term of protection for copyrighted works was greatly expanded by the 1976 revision. Before, copyright protection existed for a term of 28 years, with an optional extension of an additional 28 years. Thus, your total protection for copyrighted works was capped at 56 years. As of the 1976 revisions, protections were granted to the originator of the work for his life plus fifty years. A flat 75 year term was enacted for anonymous or pseudonymous works, and works made for hire. More copyright protections were added by the Sonny Bono Copyright Term Extension Act in 1998. Protection now extends to 70 years after the originator's death, and 95 years for works made for hire.

In General, the best option for added protection is through a reputable copyright registry. For ultimate protection, one should register their logo as soon as it has been completed, before showing others.

There are a number of options for copyright registries. You could register through the Government, through associations, or through online registries. When doing your research, ensure you know all the costs involved, whether there are membership or renewal fees, and whether they provide you with a time-stamped registration certificate.

Copyright protection is not entirely contingent upon registered one's work with the Copyright Office; however, an action for infringement cannot be pursued until one registers with the Copyright Office, a process that can take up to six months. To register one's work, the Act requires one copy and the requisite fees be deposited with the Office. If the work is published, two copies of it are required.

The 1976 revision of the Copyright Act greatly simplified the law and expanded protections for original works. It is always good to find an attorney familiar with copyright law and the Act's revisions if you are interested in protecting your original work

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